Please post your valuable reply on applicability of section 29 (2) of limitation act
krishna
(Querist) 21 May 2015
This query is : Resolved
Respected members,
suit has been filed for declaration that sale deed is illegal & hence cancellation of sale deed & possession. Suit premises belongs to Maharashtra Housing Area Development Authority (MHADA in short). Hence MHADA is party to the suit.
As per limitation Act limitation period for filling suit is three years.but
section 173 of Maharashtra Housing and Area Development Act 1976 provides limitation period of six month for filling suit against MHADA.
section 173 : No person shall commence any suit against the Authority or against any member of the Authority or of any Board or of any Panchayat or any officer or against Authority, servant of the Authority or
Panchayat or any person acting under the orders of the Authority or Board, or
Panchayat for anything done or purporting to have been done in pursuance of this Act (including any contract thereunder), without giving to the Authority, member, officer or servant or person two months previ-ous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
And in the case of any such suit for damages, if tender of sufficient amends
shall have been made before the action is brought, the plaintiff shall not recover
more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.
Suit has been filed after more than six month & before three years & hence as per mhada act suit is time barred.
Therefore, suit to be in time, application of section 29 (2) of limitation act is necessary.
whether section 29 (2) of limitation act applicable to this present suit ?
Thank you
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 May 2015
Apply or plead for waiver of limitations by affidavit that u were prevented by certain circumstances beyond ur control to institute suit in tome . Court may accept if court is satisfied
krishna
(Querist) 23 May 2015
Thank you Jeevan patil sir for your reply.
in our case there exist a circumstances which were beyond our control & because of the same we could not file suit in time.
1. When We will plead for waiver of limitation to court this application will be under section 151 of cpc or it will be general application ?
2. can section 29 (2) of limitation act help us because suit is in time if we applied limitation Act & suit is time barred as per section 173 of mhada act.
Thank you.
